Probation for man who dealt drugs outside Riley High School

SOUTH BEND Â? A judge sentenced a 20-year-old man Wednesday to eight years of probation for dealing cocaine near Riley High School, challenging him to take advantage of the break.

Dion M. Berry Jr. pleaded guilty June 19 to a pair of Class A felony counts of dealing cocaine within 1,000 feet of a school after selling drugs to an undercover officer in December.

Judge Jerome Frese gave Berry a pair of 30-year sentences for the crimes but ordered the sentences to run concurrently, and he fully suspended the term, meaning Berry will face no prison time.

Berry will be held at the jail until DuComb Center, the countyÂ?s community corrections facility, places him in a program, the judge ordered.

Under the terms of the plea, a third charge of dealing cocaine outside Our Lady of Hungary School was dropped.

Each sale was for $100 or $150 worth of crack cocaine, according to court documents.

There was no binding sentence, and attorneys were free to make recommendations at the sentencing hearing.

The sentencing range for Class A felonies is 20 to 50 years, with an advisory sentence of 30, which can slide up or down based on aggravating or mitigating factors.

A presentence report from a DuComb staffer said Berry is at a crossroads in his life and recommended probation as a way to stem a potential cycle that might see him shuttle in and out of prison.

The probation department recommended 30 years in prison for each count.

At WednesdayÂ?s hearing, the prosecutorÂ?s office argued for a total sentence of 30 years in prison, citing BerryÂ?s criminal history.

Berry, whose street nickname is Â?Hellboy,Â? was convicted of a 2003 possession of cocaine charge and a 2004 minor consuming charge. He also was charged in March with two counts of battery that happened in January, three days before his arrest on the drug dealing charges.

And as part of the terms of his drug dealing plea, the prosecutorÂ?s office agreed not to pursue possible charges for a January gun incident allegedly involving Berry.

Â?We recommended 30 years and we thought it was appropriate,Â? Prosecutor Michael Dvorak said after the hearing.

But Frese said he agreed with the DuComb Center recommendation, and he articulated that he did not believe sending Berry to prison was going to help rehabilitate him or help him turn his life around.

Â?You can straighten out your life now or you can continue to do stupid things,Â? Frese said to Berry.

Â?Either youÂ?re going to turn it around or youÂ?ll be back in front of me on a petition to revoke (probation),Â? Frese said. Â?If I didnÂ?t think you could, I wouldnÂ?t do this.Â?